Legal Question in Real Estate Law in Florida

Conflicting Surveys

I have an out of the ordinary situation. I bought a house that backs up to a gated community. There is a six-foot chain link fence with barbed wire that runs the length of my property (and as far as I can see). I was told by one of the property managers that it was left from the construction fence when the community was developed many years ago. There is also a wooded fence two feet behind the chain link fence. The two neighbors that live behind me property lines split my property. The problem is with the one neighbors wants to move the wooden fence back to give her more back yard and the other one is not doing anything. She had a survey done and it does not match the one that I had done two years ago when I bought the house. Hers would approach my side of the property by about two feet from the chain link fence. This would take out part of my irrigation system (already installed by the previous owner) and many plants that I have planted in the past two years. This would also make a mismatch of the fences in my back yard. Another twist on the problem is that the county line also runs along our property lines and a five-foot FP&L easement. Is there any law about possible squatters rights or land abandonment that may to stop this?


Asked on 7/08/04, 9:45 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Conflicting Surveys

These theories would not apply. Contact your title company. Let them figure out which survey is correct.

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Answered on 7/08/04, 10:25 pm
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Conflicting Surveys

You will want to file a temporary injunction to stop the neighbor from building the fence if they have plans to do this in the near future until the survey situation is sorted out.

There may be some adverse possession rights on your part if you and the prior owner have been openly using the property in dispute for the past 7 years and the property has not been used by the neighbor or FP&L.

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Answered on 7/09/04, 11:40 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Conflicting Surveys

I think you are best off to consult with and retain competent counsel in your locale. As you see from the previous answers there is little consensus. If you have title insurance, the ins. company may resolve all issues and damages, if any.

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Answered on 7/09/04, 1:13 pm


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